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NY K89346




September 29, 2004

CLA-2-46:RR:NC:2:230 K89346

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.2920

Ms. Rita M. Powell
FTD, Inc.
3113 Woodcreek Drive
Downers Grove, IL 60515

RE: The tariff classification of a maize straw bag from China

Dear Ms. Powell:

In your letter dated August 24, 2004 you requested a tariff classification ruling.

The ruling was requested on a straw tote bag, article catalog number 050325. A sample of the bag was submitted. The sample is a tote-style handbag with two short carry handles. The bag measures approximately 5-1/2” high by 3-1/2” deep by 9” wide at the top and tapers down to 6-1/2” wide at the bottom. It is constructed of braided strips of maize straw and is trimmed with an imitation leather around the top exterior of the bag. The inside is fully lined and has a side pocket. The bag will be imported with a removable fitted clear plastic liner and will be sold to florists.

The applicable subheading for the maize straw bag, article number 050325, will be 4602.10.2920, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made from plaiting materials, of vegetable materials; luggage, handbags and flatgoods, whether or not lined, other. The rate of duty will be 5.3 percent ad valorem.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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